Delgado v. The People of the State of New York

S.D. New York

Delgado v. The People of the State of New York

District Court, S.D. New York·Decided December 2, 2024·No. 1:24-cv-09165·Unknown

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOLEEN DELGADO, Plaintiff, 24-CV-9165 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE PEOPLE OF THE STATE OF NEW YORK; OR IFP APPLICATION KEVIN RUSSO, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this action pro se. To proceed with a civil action in this Court, a plaintiff must either pay $405.00 in fees – a $350.00 filing fee plus a $55.00 administrative fee – or, to request authorization to proceed in forma pauperis (IFP), that is, without prepayment of fees, submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915. Plaintiff submitted the complaint without the filing fees or an IFP application.1 Within thirty days of the date of this order, Plaintiff must either pay the $405.00 in fees or submit the attached IFP application. If Plaintiff submits the IFP application, it should be labeled with docket number 24-CV-9165 (LTS). If the Court grants the IFP application, Plaintiff will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1). No summons shall issue at this time. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed without prejudice.

1 Plaintiff submits a complaint form captioned as Delgado v. People of the State of New York, in which she also names the presiding judge as a defendant. Plaintiff also submits, as an attachment, a Notice of Removal of her criminal proceedings, People of the State of New York v. Delgado, ECF 1 at 8. It is unclear if she intended to bring two actions: a civil complaint in which she is the plaintiff, and a Notice of Removal, in which she is the defendant and the judge is not a party. If so, Plaintiff must so indicate and pay the fees (or submit IFP applications ) for each. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444–45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue).

SO ORDERED. Dated: December 2, 2024 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JOLEEN DELGADO, Plaintiff, 24-CV-9165 (LTS) -against- ORDER DIRECTING PAYMENT OF FEE PEOPLE OF THE STATE OF NEW YORK; OR IFP APPLICATION KEVIN RUSSO, Defendants. LAURA TAYLOR SWAIN, Chief United States District Judge: Plaintiff brings this action pro se. To proceed with a civil action in this Court, a plaintiff must either pay $405.00 in fees – a $350.00 filing fee plus a $55.00 administrative fee – or, to request authorization to proceed in forma pauperis (IFP), that is, without prepayment of fees, submit a signed IFP application. See 28 U.S.C. §§ 1914, 1915. Plaintiff submitted the complaint without the filing fees or an IFP application.1 Within thirty days of the date of this order, Plaintiff must either pay the $405.00 in fees or submit the attached IFP application. If Plaintiff submits the IFP application, it should be labeled with docket number 24-CV-9165 (LTS). If the Court grants the IFP application, Plaintiff will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1). No summons shall issue at this time. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed without prejudice.

1 Plaintiff submits a complaint form captioned as Delgado v. People of the State of New York, in which she also names the presiding judge as a defendant. Plaintiff also submits, as an attachment, a Notice of Removal of her criminal proceedings, People of the State of New York v. Delgado, ECF 1 at 8. It is unclear if she intended to bring two actions: a civil complaint in which she is the plaintiff, and a Notice of Removal, in which she is the defendant and the judge is not a party. If so, Plaintiff must so indicate and pay the fees (or submit IFP applications ) for each. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444–45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue).

SO ORDERED. Dated: December 2, 2024 New York, New York

/s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge

Delgado v. The People of the State of New York, (S.D.N.Y. 2024).

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